33-503.002. Marriage of an Inmate While Incarcerated

(1) Procedure for Requesting Permission to Marry. Requests to marry while incarcerated must be submitted to the warden in writing by both parties. The written requests must include:

(a) Statement of desire to marry from both parties.

(b) A statement of approval from the parents or guardian of all parties under eighteen (18) years of age.

(c) A statement from a chaplain or other staff member as designated by the chaplain indicating that the inmate and the proposed spouse have received information concerning the parameters of marriage in the institutional setting.

(2) Procedure for Consideration of Request.

(a) The staff psychologist and the correctional officer chief at the inmate’s institution shall communicate individually, in writing, to the warden as to whether they believe the marriage would pose a threat to any of the following: the inmate’s security, the security and order of the institution, or the public safety.

(b) After receiving both of the above communications, the warden shall, within 30 days, make his or her own determination as to whether the inmate’s marriage would pose a threat to the inmate’s security, the security and order of the institution, or the public safety. If the warden determines that the marriage would not pose a threat to any of the above-listed items, he or she shall approve the request. The warden’s marriage request approval is final.

(c) If the warden approves the marriage request he/she or his/her designated representative shall advise the parties in writing of the decision.

(d) If the warden determines that the marriage would pose a threat to one of the above-listed items, he or she shall recommend, in writing, to the Regional Director that the request be denied. Such written recommendation shall be accompanied by the documents referenced in paragraph (2)(a). The Regional Director shall only accept the warden’s recommendation if he or she determines that the marriage would pose a threat to the inmate’s security, the security and order of the institution, or the public safety. The Regional Director’s decision shall be made within 15 days of receiving the above-mentioned documentation from the warden and shall be final.

(3) Procedure for Marriage. If an inmate is permitted to marry while incarcerated, the following shall be followed:

(a) The inmate and the proposed spouse shall be responsible for making all arrangements in keeping with the statutes governing marriage in the State of Florida.

(b) If the inmate is not a participant in a supervised release or furlough program, the proposed spouse is responsible for the following:

1. Making the application for the marriage license and arrangements for necessary forms to be sent to the inmate for application.

2. Making arrangements for the ceremony.

3. All costs involved.

(c) If the inmate will not be furloughed, the department is responsible for the following:

1. Arranging for the inmate to have an opportunity to finalize the marriage license application in keeping with the statutes governing marriage in the State of Florida.

2. Arranging for suitable place for the marriage ceremony to be conducted at the institution, and a person authorized by law to conduct it.

3. Returning completed marriage license to county judge after completion of marriage ceremony.

(4) In order to minimize the impact of the ceremony on security, marriage ceremonies shall be of a limited nature. The extent of the individual ceremony shall be limited by the warden such that they would not negatively affect the security and welfare of the institution.

Rulemaking Authority 20.315, 944.09 FS. Law Implemented 944.09 FS. History–New 1-29-81, Amended 4-18-82, Formerly 33-3.13, Amended 5-21-89, 4-23-91, Formerly 33-3.013, Amended 8-15-17.